[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50611-50613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2012-0344, FRL-9718-9]


Approval and Promulgation of Implementation Plans; State of 
Oregon; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve portions of a State 
Implementation Plan (SIP) revision submitted by the State of Oregon on 
December 10, 2010 and supplemented on February 1, 2011, as meeting the 
requirements of Clean Air Act (CAA or the Act) section 169A and B and 
the regional haze regulations in 40 CFR 51.308. In a previous action on 
July 5, 2011, EPA approved portions of the December 10, 2010, SIP 
submittal as meeting the requirements for interstate transport for 
visibility of CAA section 110(a)(2)(D)(II) and certain requirements of 
the regional haze program including the requirements for best available 
retrofit technology (BART). 76 FR 38997. On May 23, 2012, EPA proposed 
approving the remaining portion of the Regional Haze SIP including 
those portions that address requirements of the CAA and EPA's rules 
that require states to set Reasonable Progress Goals (RPGs) for their 
Class I areas, and to develop a Long-Term Strategy (LTS) to achieve 
these goals. 77 FR 30454. In this Federal Register notice EPA finalizes 
its approval of the remaining Regional Haze SIP elements for which EPA 
previously took no action in the July 5, 2011 notice.

DATES: This action is effective on September 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R10-OAR-2012-0344. Generally documents in the 
docket are available at http://www.regulations.gov or in hard copy at 
EPA Region 10, Office of Air, Waste, and Toxics, AWT-107, 1200 Sixth 
Avenue, Seattle, Washington 98101. Please note that while many of the 
documents in the docket are available electronically at http://www.regulations.gov, some information may not be publicly available, 
i.e., Confidential Business Information or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, large maps or voluminous materials, is not placed 
on the Internet and will be publicly available only at the hard copy 
location. To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed 
directly below.

FOR FURTHER INFORMATION CONTACT: Keith Rose at telephone number (206) 
553-1949, [email protected], or the above EPA, Region 10 address.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA. Information is organized 
as follows:

Table of Contents

I. Background
II. Final Action
III. Scope of Action
IV. Statutory and Executive Order Reviews

I. Background

    In the CAA Amendments of 1977, Congress established a program to 
protect and improve visibility in the national parks and wilderness 
areas. See CAA section 169A. Congress amended the visibility provisions 
in the CAA in 1990 to focus attention on the problem of regional haze. 
See CAA section 169B. EPA promulgated regulations in 1999 to implement 
sections 169A and 169B of the Act. These regulations require states to 
develop and implement plans to ensure reasonable progress toward 
improving visibility in mandatory Class I Federal areas \1\ (Class I 
areas). 64 FR 35714 (July 1, 1999); see also 70 FR 39104 (July 6, 2005) 
and 71 FR 60612 (October 13, 2006).
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a). 
In accordance with section 169A of the CAA, EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value. 44 FR 69122 
(November 30, 1979). The extent of a mandatory Class I area includes 
subsequent changes in boundaries, such as park expansions. 42 U.S.C. 
7472(a). Although states and tribes may designate as Class I 
additional areas which they consider to have visibility as an 
important value, the requirements of the visibility program set 
forth in section 169A of the CAA apply only to ``mandatory Class I 
Federal areas.'' Each mandatory Class I Federal area is the 
responsibility of a ``Federal Land Manager.'' 42 U.S.C. 7602(i). 
When we use the term ``Class I area'' in this action, we mean a 
``mandatory Class I Federal area.''
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    On behalf of the State of Oregon, the Oregon Department of 
Environmental Quality (ODEQ) submitted its Regional Haze State 
Implementation Plan (Regional Haze SIP submission or SIP submittal) to 
EPA on December 10, 2010 and supplemented it on February 1, 2011. In a 
previous action EPA approved certain provisions in Oregon's Regional 
Haze SIP submission. 76 FR 38997. This previous action approved the 
BART provisions (40 CFR 51.308(e), calculation of baseline and natural 
conditions (40 CFR 51.308(d)(2)), and state wide emission inventory of 
pollutants that are reasonably anticipated to cause or contribute to 
visibility impairment in any mandatory Class I area. EPA also approved 
Oregon Administrative Rules OAR 340-223-0010 through 340-223-0080 
(Regional Haze Rules). In that same action, EPA also approved portions 
of the SIP submittal as meeting the requirements of CAA section 
110(a)(2)(D)(i)(II) with respect to the visibility prong for the 1997 
8-hour ozone and 1997 PM2.5 National Ambient Air Quality 
Standards (NAAQS).
    In a proposed rule published on May 23, 2012, EPA proposed 
approving the remaining provisions of Oregon's Regional Haze SIP 
submission, the regional haze requirements for establishing RPGs and 
developing a LTS. 76 FR 38997. A detailed explanation of the Regional 
Haze Rule including the requirements relating to the reasonable 
progress goals and long term strategy, ODEQ's reasonable progress goals 
and long term strategy,

[[Page 50612]]

and EPA's reasons for approving this SIP revision were provided in the 
notice of proposed rulemaking on May 23, 2012, and will not be restated 
here. See 77 FR 30454. The public comment period for this proposed rule 
ended on June 22, 2012. EPA did not receive any comments on the 
proposal.

II. Final Action

    EPA is approving the remaining portions of the Regional Haze SIP 
submittal from the State of Oregon, submitted on December 10, 2010 and 
supplemented on February 1, 2011, as meeting the remaining regional 
haze requirements that require states to prevent any future and remedy 
any existing visibility impairment in mandatory Class I areas caused by 
emissions of air pollutants from numerous sources located over a wide 
geographical area. See CAA section 169A and B and Federal Regulations 
in 40 CFR 51.308. Specifically included is EPA's approval of the RPGs 
established by Oregon and the elements of its LTS which include: (1) 
Ongoing Air Pollution Control Programs, (2) Measures to Mitigate 
Impacts of Construction Activities, (3) Emission Limitations and 
Schedules for Compliance, (4) Source Retirement and Replacement 
Schedules, (5) Smoke Management Techniques for Agricultural and 
Forestry Burning, and (6) Enforceability of Emission Limitations and 
Control Measures.

III. Scope of Action

    Oregon has not demonstrated authority to implement and enforce the 
Oregon Administrative rules within ``Indian Country'' as defined in 18 
U.S.C. 1151. ``Indian country'' is defined under 18 U.S.C. 1151 as: (1) 
All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation, (2) all dependent Indian communities within the borders of 
the United States, whether within the original or subsequently acquired 
territory thereof, and whether within or without the limits of a State, 
and (3) all Indian allotments, the Indian titles to which have not been 
extinguished, including rights-of-way running through the same. Under 
this definition, EPA treats as reservations trust lands validly set 
aside for the use of a Tribe even if the trust lands have not been 
formally designated as a reservation. Therefore, this SIP approval does 
not extend to ``Indian Country'' in Oregon. See CAA sections 
110(a)(2)(A) (SIP shall include enforceable emission limits), 
110(a)(2)(E)(i) (State must have adequate authority under State law to 
carry out SIP), and 172(c)(6) (nonattainment SIPs shall include 
enforceable emission limits).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, 
this rule does not have tribal implications as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not 
approved to apply in Indian country located in the state, and EPA notes 
that it will not impose substantial direct costs on tribal governments 
or preempt tribal law. Consistent with EPA policy, EPA nonetheless 
provided a consultation opportunity to Tribes in Idaho, Oregon and 
Washington in letters dated January 14, 2011. EPA received one request 
for consultation, and we have followed-up with that Tribe.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 22, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Visibility, and Volatile organic compounds.

    Dated: August 8, 2012.
Julie M. Hagensen,
Acting Regional Administrator, Region 10.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:


[[Page 50613]]


    Authority:  42 U.S.C. 7401 et seq.

Subpart MM--Oregon

0
2. Section 52.1970 is amended by adding paragraph (c)(151)(ii)(B) to 
read as follows:


Sec.  52.1970  Identification of plan.

* * * * *
    (c) * * *
    (151) * * *
    (ii) * * *
    (B) The remaining portions of the December 20, 2010, SIP revision, 
which relate to establishing reasonable progress goals, and a long term 
strategy to achieve these reasonable progress goals.
* * * * *

0
3. Section 52.1973 is amended by adding paragraph (g)(2) to read as 
follows:


Sec.  52.1973  Approval of plans.

* * * * *
    (g) * * *
    (2) EPA approves the remaining portions of the Regional Haze SIP 
revision submitted by the Oregon Department of Environmental Quality on 
December 20, 2010, and adopted by the Oregon Department of 
Environmental Quality Commission on December 9, 2010, as meeting the 
requirements of the Clean Air Act section 169A and 40 CFR 51.308(d)(1) 
regarding establishing reasonable progress goals, and 51.308(d)(3) for 
developing a long term strategy to achieve these goals.

[FR Doc. 2012-20496 Filed 8-21-12; 8:45 am]
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